Hays v. McLain
Supreme Court of Arkansas
Appeal from Clark Circuit Court in. Chancery, Rufus D. Hearn, Judge. STATEMENT BY THE COURT. The complaint alleges that on May 2, 1889, one Marcellus McLain and wife executed a mortgage on certain lands in Clark county to the British-American Mortgage Company to secure the indebtedness amounting to $1,368. That on November 26, 1892, said McLain executed a second deed of trust upon said lands included in the deed of trust to the British-American Mortgage Company to the…
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Appeal from Clark Circuit Court in. Chancery, Rufus D. Hearn, Judge. STATEMENT BY THE COURT. The complaint alleges that on May 2, 1889, one Marcellus McLain and wife executed a mortgage on certain lands in Clark county to the British-American Mortgage Company to secure the indebtedness amounting to $1,368. That on November 26, 1892, said McLain executed a second deed of trust upon said lands included in the deed of trust to the British-American Mortgage Company to the appellant to secure the payment of $942, which deed of trust was not signed by the wife. Both deeds covered the homestead. The…
1Opinion of the Court
Hughes, J.,
(after stating the facts.) The court is of the opinion that it does not appear from the facts in this case that Mrs. Eobinson (Charity A. McLain) violated her agreement with the appellant, Hays. We think that the fair and reasonable construction of said agreement is that she herself would not make resistance to his suit for foreclosure of the two mortgages, nor instigate such resistance. We think it sufficiently appears that she did neither. She was not responsible for the action of John C. McLain, her step-son, in making such resistance.
Hays says that, by reason of the delay…
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